How to Send Legal Notice for Divorce?

Divorce in India is a legal process involving a marriage's dissolution. It is considered a civil dispute, and parties can send or receive legal notices related to divorce proceedings. The grounds for divorce in India are outlined under Section 13 of the Hindu Marriage Act, and various clauses cover specific circumstances under which a divorce can be sought.

Since there is no fixed procedure to send a legal notice for divorce, it can be sent either through registered post or can be personally tendered to the husband/wife. Either of the spouses is expected to acknowledge the receipt of the legal divorce notice.

In marriage, to send a legal notice for divorce procedure should be the last resolve to end a conflict, but many couples today act impulsively, sometimes without knowing that there is a legal notice format for divorce to be followed. 

According to law, one should always send a legal notice for divorce after marriage in a specific format and think a lot before taking this step, since divorce means the end of a marriage and the after-effects of this decision can be very traumatic.

The spouse can send a legal notice for divorce to the other spouse communicating his/her intention to undertake legal proceedings against the other party. Since legal notice is a formal communication sent by one person to the other, warning them would a good decision before taking any legal action. 

So, when a legal divorce notice in India is sent, it conveys the parties’ intention prior to the legal proceedings and thus, makes the party aware of the grievance. In the marital life of a couple when the disputes are going beyond control, either the spouse can use this as a way of sending a legal notice for divorce, to put some sense into the other. 

It has been seen that in many cases, a well-served legal notice brings the other party on their heels, and the problem gets resolved out of court with fruitful discussions and mutual understanding on both sides. 

However, in such cases as well, the other party also has the option of sending a counter-reply to legal notice for divorce.

It is pertinent to mention here that such legal notice must be drafted by a competent legal practitioner and should cover all aspects such as:

• how the actions of the opposite party are contrary to law
• what legal rights are available to the sender of the notice which can be used against the opposite party

The limitation period should be mentioned in the legal notice or in the reply sent to the legal notice for divorce.  

According to the Divorce laws in India, any party who serves his or her right to sue the opposite party never gets infringed. Then how to file the divorce suit after the expiry of the Notice. In some cases, legal notice from the wife to her husband is also applicable in divorce proceedings.

Steps for Sending a Legal Notice for Divorce

• First, contact a lawyer who has good drafting skills and technical know-how in the field of Divorce Law.
  • Send a legal notice for divorce stating the facts and issues that are causing a disturbance in the marriage of the couple. 
  • Make sure to send the notice to the person against whom the party has filed the matter of grievance. 
  • The notice can be sent either in English or in any other Indian language which is spoken and understood by both the parties, although usually, English is the preferred choice for most of the educated and sophisticated clients. 

• In your consulting session with the lawyer, you should explain all the relevant information in details along with:

  • the names of parties involved
  • addresses
  • dates when commitments were made and not honored
  • challenges and issues faced 
  • any previous attempts at dialogue

• Your lawyer carefully studies the information you have shared and makes the relevant and required notes in the conversation with you. He/She will seek any additional information from you, if required he/she is required to finish drafting of the said notice.

• The lawyer then drafts the notice in the legal language where: 

  • He/She clearly mentions the reason behind sending the notice
  • All previous communications regarding the cause of notice 
  • To offer the addressee/opposite party a reasonable time (usually 15 to 30 days to settle the matter through negotiation and by performing the desired action of his clients i.e. yours). 
  • You can also send a legal notice for divorce procedure specifying a certain time period as per your terms and convenience. 

Depending on the grievance, usually the lawyers, on behalf of the client sending the notice, stress on the need for an action to be taken in the stipulated period of time to either fulfill the demand or seek a reply.

• The notice is duly signed by the lawyer. It is then either sent via registered post or speed post or courier, and the acknowledgment is retained. A copy of the said notice is retained by the lawyer concerned.

• The expectation is that after the notice is received by the other party, they will reply back. But, as a standard (and often, the best) practice, the lawyer calls up the other party in some time. 

Ethically, it’s a good practice to follow. Especially in cases of husband-wife conflicts, one should usually call up the person (to whom the notice is sent), requesting to come up for counseling or a discussion, and try to resolve matters out of court.

You can send a legal notice for divorce after discussing it with the client. Such legal notice will be issued by an advocate on behalf of his/her client for the purpose of soliciting a settlement. 

The legal notice to a wife for a divorce and vice versa once served cannot be refused by the receiving party.

 

 

Common Grounds for Divorce in India Include:

1. Bigamy: If one spouse already has a legal spouse and enters another marriage, the subsequent marriage is considered null and void.

2. Attainment of Puberty: A female between 15 and 18 can file for annulment to nullify the marriage.

3. Rape or Sodomy: If one spouse forces the other into any physical activity without their consent, it can be grounds for divorce

Who Should Send a Divorce Notice First?

In India, there is no fixed rule regarding which party should send the first legal notice for divorce. Either party, whether the husband or wife, can initiate the process by sending a legal notice. The reasons for seeking a divorce can vary and may include issues such as domestic violence, extramarital affairs, psychological abuse, and more. If the other party is unresponsive to the notice, the concerned party can eventually take the case to court to seek legal resolution.

What Should Be Included in a Divorce Legal Notice?

A divorce legal notice should be drafted on the letterhead of an advocate, containing essential information such as the advocate's name, contact details, and address. The notice should include the following information:

1. Date of Marriage: Mention the date of the marriage to establish the timeframe of the marital relationship.
2. Place of Marriage: Specify the location where the marriage took place.
3. Marriage Act: Indicate under which marriage act (e.g., Hindu Marriage Act or Christian Marriage Act) the vows were taken.
4. Residential Address: Provide information about the residential address where both parties lived after marriage.
5. Details of Children: If the couple has children, include their names, ages, and other relevant information.
6. Reason for Sending Legal Notice: Clearly state the reasons for sending the legal notice, outlining the issues and the factors that have led to seeking a divorce.
7. Settlement: Propose possible solutions or settlements to the issues raised, such as improved behaviour, immediate signing of divorce papers, or other actions. This section should also specify a timeframe for compliance.

How do you write a legal notice for divorce

• The legal notice must be drafted in the letterhead of an advocate, which is to be specific and proper
• It should contain the addresses and contact details of the advocate
• The said legal notice should contain all the communication details of the sender, such as name, contact number, address, etc. on whose behalf and under whose instructions the notice has been written
• It should be clearly mentioned in the notice how your right has been infringed due to the act or omission of the opposite party and for that what you want from him
• The specific direction must be given to the opposite party and time limit must be given
• The notice must be signed with the date by the advocate
• The notice must be signed with the date by the advocate

 

How do you write a legal notice for divorce through online services?

Writing a legal notice for divorce can be a complex task, and it is advisable to seek legal assistance or use online legal services. Here is a general outline of the steps involved in obtaining a legal notice for divorce through online services:

•  **Visit a reputable online legal service provider's website.
• Select the "Services" option and choose "Legal Notice."
• Register for the legal notice service.
• An experienced advocate will contact you to gather details.
• Provide a clear description of the issues to be covered in the legal notice.
• The advocate will draft the legal notice and send it to you for review.
• Review and make any necessary corrections.
• Once the corrections are complete, you can send the legal notice to the intended recipient.

Format for Drafting a Legal Notice for Divorce

Let us now look into the legal notice format for divorce. We have a sample legal divorce notice for you that will show the format to be followed. Such formats is also available in pdf format here.

A Legal Notice for Divorce Must Contain These Following Points

• Name, description, and place of residence of the sender of the notice
• Details of the cause of action
• The relief claimed by the sender of the notice

• The gist of the legal basis for the relief claimed

Legal Notice to Wife to Come Back

If the wife, without any reasonable excuse, leave the husband or the matrimonial home, may approach the court for restitution of conjugal rights. 

The husband can send a legal notice to the wife to come back. But before filing the suit for restitution of conjugal rights before any civil court in India against his wife, the husband can send a well-drafted legal notice to her and give her an opportunity to return to him. 

The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from society and from the person who institutes a petition for restitution. The decree can be executed only by attachment of the properties of the judgment debtor. This practice has shown that the decree of restitution is a paper decree. 

However, if the decree of restitution of conjugal rights is not honored for a period of more than one year subsequent to the date of the decree, it becomes a ground for divorce, and the husband can then directly send divorce notice to wife, with the help of a good divorce lawyer.

 

What Happens After a Divorce Notice Is Sent?

After a divorce case has been filed, both parties must attend court hearings. Each party typically seeks legal representation to present their case and respond to allegations. The divorce procedure follows the court's established process, which includes hearings, evidence presentation, and legal arguments. The duration of divorce proceedings can vary, but a maximum of six months is typically allowed. During this time, parties may have the opportunity to reconsider their decision and attempt to resolve their differences.

 

What Happens If You Don't Respond to a Divorce Notice?

Failure to respond to a divorce notice can have legal implications. If one party receives a divorce notice and does not respond, it may strengthen the other party's position. In the eyes of the law, not responding could be seen as an admission of the allegations made in the notice. It is advisable to react to the notice to present your side of the story and avoid potential legal consequences.

Can a Divorce Case Be Cancelled?

A divorce case can be cancelled if both parties agree to reconcile and withdraw the proceedings. One party must file a case withdrawal application to cancel a divorce casewith the court, stating that the issues have been resolved and divorce is no longer necessary. This allows the couple to continue their marriage without proceeding with the divorce.

In conclusion, divorce in India is a legal process that involves specific grounds for dissolution, and parties can send or receive legal notices related to divorce proceedings. Sending a legal notice is not mandatory, but it is often advisable to communicate intentions and attempt to resolve issues before filing for divorce. Legal assistance is recommended when dealing with divorce to ensure compliance with legal procedures and requirements.

Where Can You Find a Good Lawyer?

With MyAdvo you get access to finding good lawyers, who are experts in sending a legal notice. All you have to do is just select one that matches your criteria like sending legal divorce notice. 

From over 10,000 lawyers spread across 500+ districts in India, MyAdvo gets you the finest legal minds of the industry right at your screen. Just express your query via mail on support@myadvo.in or call us at +91-7303499703 to resolve any and every kind of legal problems. 

 

FAQS

1. Is divorce notice mandatory?

Ans - It is not mandatory to issue a divorce notice before filing for divorce. However, in contested divorce cases, it is common practice to serve a legal notice to the spouse as part of the legal process. Uncontested or mutual consent divorces may not require a notice if both parties agree to the divorce terms. It's advisable to consult with a legal expert for specific guidance based on your situation.

 

2. Can i send divorce notice through registered Email?

Ans - Yes, you can send the notice through registered mail, but you will need to provide proof of delivery, such as a postal receipt. This might act as evidence in court if needed.

 

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